What Occupation Do I Nominate for a 457 Visa
Written By Michael Walker
Wed, Oct 1, 2014
What’s the difference between a Chef and a Cook? Is it experience, qualifications or simply skill level? Not sure!!!! You’re not on your own.
When an approved Australian employer sponsor seeks to nominate an overseas candidate for a position within the sponsor’s business, they are required to lodge a nomination application, against which, the visa applicant will lodge the application for a 457 visa.
Crucial to the success of the nomination application is that the occupation which is nominated, matches the business’ organizational structure and business activities, as well as matching the qualifications, experience and skills of the nominee (the proposed visa applicant). When assessing a nomination application, the Department of Immigration will cross-reference the position description provided by the sponsor with the nomination application, against the Australian New Zealand Standard Classification of Occupations (ANZSCO) Dictionary.
The ANZSCO is an Australian Bureau of Statistics publication, which provides generic occupation groups and sub-groups. These groupings are then broken down into individual job roles and indicative entry level requirements into a particular occupation, in terms of qualification, work experience and specific skill sets. Also, the ANZSCO then provides an indicative list of duties and tasks for specific occupations.
While the ANZSCO provides indicative definitions, Department of Immigration assessing officers, may apply the ANZSCO criteria to a nomination application, to the letter.
Accordingly, it is vital that the nomination application, at the very least, reflects the definition of a particular occupation, as contained in ANZSCO. A failure to meet the ANZSCO provisions could very well see a nomination application refused by the Department of Immigration, rendering the attendant visa application as futile. The following case study highlights just how vital a well constructed nomination application is to a successful outcome:
Acme Bar and Bistro recently became approved as a Standard Business Sponsor (SBS). The business was growing in a niche food market, while trying to compete against much larger competitors, many of which were sizeable franchise operations.
However, business was good and the prospects for further growth were looking bright. Acme had employed Juan on a casual basis, as he held a student visa. As Juan held such a visa he had a limited work right. Even with the limited work right, the business wanted to sponsor Juan on a 457 visa, as he had played a pivotal role in helping the business grow, due to Juan’s marketing of Acme, in particular via the companies website.
Accordingly, Acme lodged a nomination application for a position for Juan, using the occupation title of Web Administrator. The Department of Immigration case officer assessing the application, questioned whether the nature of the trade in which Acme was engaged and the size of the business, warranted the position of a Web Administrator. The case officer based their opinion on the ANZSCO definition of Web Administrator and based on that definition, the case officer considered that such a position was for much larger business. As such, the nomination application was refused and therefore Juan’s attendant visa application could not be successful.
It was after this refusal that TSS Immigration was consulted and our advice sought. Our initial assessment was that Juan could not nominate any other IT occupation, as he did not hold a qualification to the required level, which was relevant. However, Juan did hold a Degree from his home country, which was in a Marketing discipline. According, it was decided that we would lodge a new nomination application on behalf of Acme and request that the Department hold Juan’s existing 457 visa application, until the new nomination application could be lodged. Thankfully, the Department of Immigration agreed to our request. Subsequently, TSS lodged a new nomination application, with Marketing Specialist being the nominated occupation.
As the position of Marketing Specialist, as defined by ANZSCO, more closely matched the business operations of Acme and Juan’s skill set, both the nomination and visa applications were ultimately successful.
If you wish to find out more information regarding the requirements of a successful nomination application, please do not hesitate to contact one of our registered Migration Consultants.
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